Chania Travellers Sacco Ltd & another v Mercyline Bosibori Akeya & another [2021] KEHC 2320 (KLR)
- Court
- High Court of Kenya
- Case number
- 2320
- Citation
- [2021] KEHC 2320 (KLR)
- Decided
- 11 November 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureAppeal from a judgment of the Senior Principal Magistrate Court, leave to appeal out of time and stay of execution soughtCoramMARY KASANGO
Holding
The applicants have not filed an appeal, and the application to file an appeal out of time is dismissed.
Facts
The applicants sought leave to file an appeal out of time and stay of execution against a judgment of the Senior Principal Magistrate Court.
Issues
- Whether the applicants have filed an appeal out of time
- Whether the applicants have provided sufficient cause for not filing the appeal within the prescribed period
Reasoning
The court ruled that the applicants must have filed an appeal to seek leave to file it out of time, and since they have not filed an appeal, the application is dismissed.
Outcome
The application to file an appeal out of time is dismissed.
Orders
- The application to file an appeal out of time is dismissed with costs
Authorities cited
Legislation (1)
- Section 79G of the Civil Procedure Act
Cases cited (2)
- GENERAL M’LIMBINE VS. JOSEPH KANGANGI (2008) eKLR
- HENRY GATURA 23 OTHER VS. CHARLES GINA & 4 OTHERS (2011) eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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